The decision came on an original petition filed by the state government after the Central Administrative Tribunal ordered pension commutation and distribution of DCRG (death-cum-retirement gratuity), which observed that those governing pension and retirement benefits to all members The rules lack provisions for withholding pension and gratuity of a retired officer in Indi Services.
The court ruled: “Rule 6(2) deals with orders to be made in respect of pensio and DCRG during the pendency of departmental or judicial proceedings. The last part of Rule 6(2) would disclose that no DCRG will be paid to the employee until the conclusion of the departmental or judicial proceedings and the final order thereon.
"When Rule 6(2) says that only provisional pension is allowed till the conclusion of departmental or judicial proceedings, then, by necessary implication, I forbid the sanction of full pension. Although Rule 6(2) specifically provides for commutation of pension does not mention, but commuted pension is also a part of pension which can be sanctioned when full pension is sanctioned."
The State Government had argued that Rule 6(2) specifies that in cases where departmental or judicial proceedings are initiated or when departmental proceedings are continued after retirement, the final order passed in the departmental proceedings after retirement Till such time only provisional pension is allowed. ,
Further, it was submitted that as long as the departmental proceedings are ongoing, disbursement of DCRG and commutation of pension is not permissible.
The court said that departmental proceedings were ongoing and a criminal case was also pending against the officer till the date of retirement.
The court ruled: “Rule 6(2) deals with orders to be made in respect of pensio and DCRG during the pendency of departmental or judicial proceedings. The last part of Rule 6(2) would disclose that no DCRG will be paid to the employee until the conclusion of the departmental or judicial proceedings and the final order thereon.
"When Rule 6(2) says that only provisional pension is allowed till the conclusion of departmental or judicial proceedings, then, by necessary implication, I forbid the sanction of full pension. Although Rule 6(2) specifically provides for commutation of pension does not mention, but commuted pension is also a part of pension which can be sanctioned when full pension is sanctioned."
The State Government had argued that Rule 6(2) specifies that in cases where departmental or judicial proceedings are initiated or when departmental proceedings are continued after retirement, the final order passed in the departmental proceedings after retirement Till such time only provisional pension is allowed. ,
Further, it was submitted that as long as the departmental proceedings are ongoing, disbursement of DCRG and commutation of pension is not permissible.
The court said that departmental proceedings were ongoing and a criminal case was also pending against the officer till the date of retirement.
